California, United States of America
The following excerpt is from People v. Williams, 20 Cal.4th 119, 83 Cal.Rptr.2d 275, 973 P.2d 52 (Cal. 1999):
On August 22, 1996, defendant filed a timely notice of appeal, arguing that the court should have granted his suppression motion, and, on August [20 Cal.4th 125] 28, 1996, the trial court issued a certificate of probable cause for appeal, though one was not necessary. (See 1538.5, subd. (m).) On appeal, defendant argued the police were not following a preexisting policy and therefore violated his right to be free from "unreasonable searches and seizures" when they opened the leather bags containing the methamphetamine. (U.S. const., 4th amend.; see also florida v. wells (1990) 495 U.S. 1, 110 S.Ct. 1632, 109 L.Ed.2d 1 (Wells ).) He asserted that, though the police may have had a policy requiring them to take an inventory of the contents of a vehicle before towing it, they had no policy governing the opening of closed containers during the course of this inventory.
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